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HomeMy WebLinkAbout102511 LAFARGE NORTHERN INC - PURCHASE ORDER - 9957584Date: 12/21 /2009 City of „�t Collins Page Number: 1 Purchase Order Number: 9957584 Delivery Date: 12/21/2009 Buyer: STEPHEN, JOHN Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 1 LOT 6,600.00 1 LOT INV 15087419 Per Snow and Ice Abatement Bid #6113 Total $6,600.00 Qn"o,' Invoice Address: City of Fort C iny Director of Purchasing and Risk Management City of Fort Collins This order is n1cLValid over $5000 unless signed by James B. O'Neill II, CPPO Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Foil Collins is exempt f}om state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to detects of damage in transit, may be retumed to you for eedit and are not to be replaced except upon receipt of written instructions fiom the City of Foil Collins. Inspection. GOODS are subject to the City of For Collins inspection on a,,ival. Final Acceptance. Receipt ofthe merchandise, services of equipment in response to Ill is order can result in authorized payment on the part of the City of Foil Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tenns. Shipments must be F.O.B., City of Foil Collins. 700 Wood St.. Fort Collins, CO 80521 unless otherwise specified on this order. If permission is given to prepay fi eight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted Shipment Distance. Where manufacturers have distributing points in various parts ofthe county, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fom greater distance. Permits. Seller shall procure at sellers sole cost all necessay peinits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality. territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liabilityand loss incurred by them by reason of an asserted or established violation of any such laws. regulations. ordinances. rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess fill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot stake complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and petibnnance must be effected within the tittle stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, Without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event ofanydelay. the Purchaser shall have. in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fill- damages as it result of delays due to causes not reasonably foreseeable which are beyond its reasonable conmol and without its fault ofnegligence, such acts of God, acts of civil or military authorities, governmental priorities. tires. strikes. flood, epidemics. wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof. In the event of any such delay, the date of deliveryshall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given. will be fit fill -tile purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards fill work of a similar nature. The Seller agrees to hold the purchaser harmless fi-onn any loss, daninge m expense which the Purchaser may su Ber or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period oft inneas nay be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not lobe unreasonably delayed), resulting fionn imperfect or defective work clone or materials furnished by the Seller. Acceptance or use of goods by the Putrchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions fionnthe quantities originally ordered in the specifications o drawings, by verbal or written change order. I f any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be node. 6. TERMINATIONS. The Purchaser may at anytime by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject m any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not Ile liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages. and that no such adjustment be node in favorr ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the PUI CIIISer or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) clays fioni the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold delivered and furnished in strict compliance with all applicable Imes and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fi-om all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of Article XX V I I I ofthe Colorado Constitution ("Article XX V I I I"), t hen the provisions of Section 15 o f Article XX V I I I are hereby incorporated into this [Agreement]. In such a case, if the [Contractor) or any other person who is a "contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 m Section 17(2) of Article XXVIII, then the [Connector] agrees it shall be ineligible to hold any sole source government contract. or public employment with the state of Colorado or any of its political subdivisions, for three years. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any nonies due or to become due hereunder without the prior written consent ofthe other party. �II�Il9 The Seller Warrants lid], clear and unrestricted title to the Purchaser fill all equipment, materials, and itents fu nished iu performance of this agreement, free and clear of any and all liens, restrictions, reservations. security interest eneuntbiances and claints of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance ofthe terns and conditions hereof, failure or delay to excrcisc arty rights o, remedies provided herein m bylaw. F,iilure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design. shall not release the Seller of any ofthe warranties m obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser toinsist upon strict perfiuniance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received m accepted. as to any prior or subsequent defult hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting four antitrust violations ate in filet bore by die Purchaser. Theretofore. for good cause and as consideration for executing this purchaseorder, the Seller hereby assigns to the Purchaser any and all clains it may now have m hereafter acquired under federal or state antitrust laws for such overcharges relating to the paricular goods orservices purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by ❑ date to be agreed upon by the Pn'Chaser and the Seller, and the Seller thereafter indicates its inability m unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. 'file Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting li'onn the Performance of such work. This release shall apply even in the event of fault ofnegligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced. in anyway. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Scller shall indennify and save harmless the Purchaser front any and all claims for iri ingennent byreason of the use of such patented design, device. material or process in connection with the contract, and shall indemnify the Purchaser fill any cost, expense m damage which it maybe obliged to pay by reason of such infringement at any time during the pnnseation or after the completion ofthe work. In case said equipment, or any pan thereofer the intended use ofthe goods, is in such suit held to constitute iti ingennent and the use of said equipment or pan is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts. replace the saute with substantiallyequml but non -infringing equipment, or modify it so it beconles non -infringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment ti)r the benefit ofaeditors, appoint a receiver or unstee lot any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is (idly completed and accepted, and shall, in case ofany accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, mplee the work at Sellers tarn -penscand to the satisfaction ofthe Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and bccooic• responsible therefor as though such materials and/or equipment were being furnished bythe Seller under the orde. IF. INSURANCE The seller shall, m his own expense, provide fit the payment of workers connpensation. includingoccupational disease benefits, to its employees ennployed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liabilityinsurance with bodily injury and death limits of at least 5300,000 for any one person..S500.000 for any one accident and property damage limit per accident of 5400.000. The Seller shall likewise require his contractors, if any, to provide for such connpensation zinc] insurance. Betoic any ofthe Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller shall firish the Purchaser with a certificate that such connpensation and insurance have been provided Such cetificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assunws the entire responsibility and liability lot any and all damage, loss or injury of any kind or nature whatsoever to persons or propeny caused [)yet resulting flour the execution ofthe work provided for in this purchase order or in connection herewith- The Seller will indenait'y and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whethe'to persons orpropeny to which the Purchaser stay be put orsubject by reason of any act. action, neglect, omission or default on the pan ofthe Seller, any of his contactors, m any of the Sellers or contractors officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. m its o0icers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default oft lie Seller of any of his contactors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assure the defense thereof and to defend the same at the Seller own expense, to pay any and all costs, charges, attomeys fees and other expenses, any and all judgments that stay be incur ed by or obtained against the Purchaser or any of its or their offices, agents or employees in such suits or other proceedings, and in case judgment m other lien be placed upon or obtained against the propeny of the Purchaser, of said parties in or as a result of such suits of other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessaryfor the prevention of accidents, comply will, all laws and regulations with regard to safety including, but without limitation. the Occupational Sat'ety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0411001)